Applicant Name: ????? Application Receipt Date: 2012/04/26 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he request an upgrade to his discharge. He contends that he was demoted to an E-1 and discharged from the Army for a crime he did not commit. After an investigation CID concluded that he was innocent. He requests his rank of Specialist be reinstated so he can enlist in the Navy. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 101229 Chapter: NIF AR: 135-178 Reason: NIF RE: NIF SPD: NIF Unit/Location: 950 CS Co, Los Alamitos, CA Time Lost: NIF Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 23 Current ENL Date: 090718 Current ENL Term: 3 Years ????? Current ENL Service: 01 Yrs, 05 Mos, 11 Days ????? Total Service: 05 Yrs, 05 Mos, 11 Days ????? Previous Discharges: RA 050718-090717/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 94F10/Computer/Detection Systems Repairer GT: 106 EDU: HS Grad Overseas: SWA Combat: Afghanistan (070520-080719) Decorations/Awards: ARCOM, AAM, AGCM, NDSM, ACM-CS, GWOTSM, ASR, OSR, NATOMDL V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the record shows that the applicant was discharge for unsatisfactory participation. The records also shows that on 21 December 2010, Department of Army Headquarters, 63rd Regional Support Command Moffett Field, CA, Orders 10-355-00045, discharged the applicant from the United States Army Reserve, effective 29 December 2010, with a general, under honorable conditions discharge. b. Legal Basis for Separation: Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available records for the period of enlistment under review, and the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the Army. However, the record indicates that on 21 December 2010, Department of Army Headquarters, 63rd Regional Support Command Moffett Field, CA, Orders 10-355-00045, discharged the applicant from the United States Army Reserve, effective 29 December 2010, with a general, under honorable conditions discharge. All the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process. The applicant's contentions were carefully considered. However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record. Furthermore, if reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 September 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated 24 April 2012, self authored statement . VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20120008650 ______________________________________________________________________________ Page 1 of 3 pages